Common use of Action by Noteholders Clause in Contracts

Action by Noteholders. Any demand, request, notice, consent, waiver or other action provided by this Indenture to be given or taken by the holders of a specified percentage in aggregate principal amount of Notes of any series, may be evidenced by: (a) any instrument (including by way of electronic transmission) or any number of instruments of similar tenor executed by such Noteholders in person or by agent or proxy appointed in writing, or (b) the record of such holders of Notes of such series voting in favor thereof at any meeting of such Noteholders duly called and held in accordance with the provisions of Article VIII, or (c) a combination of such instrument or instruments and any such record of such a meeting of such Noteholders. If the Corporation shall solicit from the Noteholders of such series any request, demand, authorization, direction, notice, consent, waiver or other action, the Corporation may, at its option, as evidenced by an Officers’ Certificate, fix in advance a record date for the determination of such Noteholders entitled to give such request, demand, authorization, direction, notice, consent, waiver or other action, but the Corporation shall have no obligation to do so. If such a record date is fixed, such request, demand, authorization, direction, notice, consent, waiver or other action may be given before or after the record date, but only the Noteholders of record of such series at the close of business on the record date shall be deemed to be Noteholders for the purposes of determining whether Noteholders of the requisite proportion of Outstanding Notes of such series have authorized or agreed or consented to such request, demand, authorization, direction, notice, consent, waiver or other action, and for that purpose the Outstanding Notes of such series shall be computed as of the record date.

Action by Noteholders. Any demand, request, notice, consent, waiver or other action provided by Whenever in this Indenture to be given or taken by it is provided that the holders of a specified percentage in aggregate principal amount of the Notes may take any action (including the making of any seriesdemand or request, the giving of any notice, consent or waiver or the taking of any other action), the fact that at the time of taking any such action, the holders of such specified percentage have joined therein may be evidenced by: (a) by any instrument (including by way of electronic transmission) or any number of instruments of similar tenor executed by such Noteholders in person or by agent or proxy appointed in writing, or (b) by the record of such holders of Notes of such series the Noteholders voting in favor thereof at any meeting of such Noteholders duly called and held in accordance with the provisions of Article VIII8, or (c) by a combination of such instrument or instruments and any such record of such a meeting of Noteholders and, except as herein otherwise expressly provided, such Noteholdersaction shall become effective when such instrument or instruments or such record are delivered to the Trustee and, where it is hereby expressly required, to the Company. If Proof of execution of any such instrument or record or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and conclusive in favor of the Corporation Trustee and the Company, if made in the manner provided in this Section. Whenever the Company or the Trustee solicits the taking of any action by the holders of the Notes, the Company or the Trustee may fix, but shall solicit from the Noteholders not be required to, in advance of such series any requestsolicitation, demand, authorization, direction, notice, consent, waiver or other action, a date as the Corporation may, at its option, as evidenced by an Officers’ Certificate, fix in advance a record date for the determination of such determining Noteholders entitled to give take such request, demand, authorization, direction, notice, consent, waiver or other action, but the Corporation shall have no obligation to do so. If such a The record date if one is fixed, selected shall be not more than fifteen (15) days prior to the date of commencement of solicitation of such action. Any request, demand, authorization, direction, notice, consent, waiver or other action may by a Holder of any Note shall bind every future Holder of the same Note, and the holder of every Note issued upon the registration of transfer thereof or in exchange therefor or in lieu thereof in respect of anything done, omitted, or suffered to be given before done by the Trustee or after the record dateCompany in reliance thereon, but only the Noteholders of record whether or not notation of such series at the close of business on the record date shall be deemed to be Noteholders for the purposes of determining whether Noteholders of the requisite proportion of Outstanding Notes of action is made upon such series have authorized or agreed or consented to such request, demand, authorization, direction, notice, consent, waiver or other action, and for that purpose the Outstanding Notes of such series shall be computed as of the record dateNote.

Action by Noteholders. Any demand, request, notice, consent, waiver or other action provided by Whenever in this Indenture to be given or taken by it is provided that the holders of a specified percentage in aggregate principal amount of the Notes at the time outstanding may take any action (including the making of any seriesdemand or request, the giving of any notice, consent or waiver or the taking of any other action) the fact that at the time of taking any such action the holders of such specified percentage have joined therein may be evidenced by: (a) by any instrument (including by way of electronic transmission) or any number of instruments of similar tenor executed by such Noteholders in person or by agent or proxy appointed in writing, or (b) by the record of such holders of Notes of such series voting in favor thereof at any meeting of such Noteholders duly called and held in accordance with the provisions of Article VIII, or (c) by a combination of such instrument or instruments and any such record of such a meeting of such Noteholders. If the Corporation Company shall solicit from the Noteholders of such series any request, demand, authorization, direction, notice, consent, waiver or other action, the Corporation Company may, at its option, as evidenced by an Officers’ ' Certificate, fix in advance a record date for the determination of such Noteholders entitled to give such request, demand, authorization, direction, notice, consent, waiver or other action, but the Corporation Company shall have no obligation to do so. If such a record date is fixed, such request, demand, authorization, direction, notice, consent, waiver or other action may be given before or after the record date, but only the Noteholders of record of such series at the close of business on the record date shall be deemed to be Noteholders for the purposes of determining whether Noteholders of the requisite proportion of Outstanding outstanding Notes of such series have authorized or agreed or consented to such request, demand, authorization, direction, notice, consent, waiver or other action, and for that purpose the Outstanding outstanding Notes of such series shall be computed as of the record date; provided, however, that no such authorization, agreement or consent by such Noteholders on the record date shall be deemed effective unless it shall become effective pursuant to the provisions of this Indenture not later than six months after the record date. SECTION 7.02.